Personal Injury: New Jersey No-Fault Insurance

With offices in Oakhurst, Howell, and Toms River, we provide professional legal representation for the entire New Jersey area.

If you or someone you know has been injured in any type of car accident in New Jersey, you have likely suffered damage to your vehicle and injuries to your person. You probably want to know what legal options you may have to seek out monetary compensation for harm suffered. There are several things that you must consider when pursuing a New Jersey car accident lawsuit.

Statute of Limitations in New Jersey

A “statute of limitations” is the law that sets the time frame during which you must file a personal injury lawsuit after your New Jersey car accident. If you fail to file a lawsuit within this time frame and try to do so outside of this deadline, a New Jersey court will likely reject your case and refuse to hear it. There are some, but limited, exceptions to this rule. Generally, an injured plaintiff has two years from the date of the car accident to file a personal injury lawsuit in a New Jersey court.

Comparative Negligence

When you are involved in a car accident and the other driver was completely at fault for the crash, it is easy to establish who is financially liable for damages. Typically, the at-fault driver will compensate the other for medical bills, lost wages, and other losses. This is not so simple when more than one driver was to blame.

The state of New Jersey follows a “modified comparative fault” rule when determining financial liability in cases in which more than one party was responsible for the car accident. Under this rule, the plaintiff’s damages award will be reduced by the percentage amount he or she is found to be at fault for the accident. Of note, if the plaintiff is found to be more than 50% at fault for the car accident and resulting injuries New Jersey law mandates that the monetary award is reduced to nothing. New Jersey’s modified comparative fault rule not only binds a judge presiding over a lawsuit, but it also guides car insurance claims adjusters when evaluating the case.

No-Fault Car Insurance Laws

New Jersey is one of about a dozen states in the U.S. that follow a no-fault car insurance scheme. This means that a driver or passenger who is injured in a New Jersey car accident must first turn to his or her personal injury protection (PIP) car insurance coverage for monetary compensation for medical expenses, lost wages, and other out-of-pocket costs. This is the case no matter who was at fault for the accident. A claim against the at-fault driver, as described above, can only be pursued in certain situations. This includes if the New Jersey car accident caused the person to suffer the loss of a body part, a displaced fracture, significant disfigurement or scarring, loss of a fetus, a permanent injury, or death.

Being injured in a New Jersey car accident can be scary, financially difficult, and physically painful for all involved.  Be sure to hire a skilled New Jersey personal injury attorney such as Richard D Schibell to fight for the monetary compensation you deserve, so that you can focus on your recovery.

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